Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34232 of 2018 Petitioner :- Smt. Rinki And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Habaldar Singh Katheria Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Learned AGA has accepted notice on behalf of respondent no. 1 and 2. Issue notice to respondent no.3, Durgesh Kumar.
Six weeks time is accorded to the respondents to file counter affidavit. Two weeks time, thereafter is accorded to file rejoinder affidavit.
List after eight weeks.
On the matter being taken up today, petitioner no.1, Smt. Rinki and petitioner no.2, Vipin Kumar are present in the Court and they have been identified by their counsel and they are contending that they are major and on their own freewill petitioner no.1, Smt. Rinki has left her parental house and has entered into matrimonial alliance with petitioner no.2, Vipin Kumar and as such, lodging of F.I.R. has to be accepted as misuser of criminal forum. Reliance in this regard has been placed on the judgement of Apex Court in Criminal Appeal No. 1142 of 2013, Sachin Pawar Vs. State of U.P. decided on 02.08.2013.
Prima facie arguments advanced appears to have some substance and requires consideration by this Court and as such, this Court proceeds to direct that pursuant to impugned F.I.R. dated 08.11.2018 registered as Case Crime No. 590 of 2018 u/s 366 I.P.C., P.S.- Nawabganj, District- Farrukhabad, no coercive action be taken.
Order Date :- 28.11.2018 SKD/AK Pandey